logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.06.07 2017가단115736
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff was a defendant's clan member, and from 2004 to 2009, the plaintiff paid 73,040,000 won to the defendant's family members as the defendant's other party or as the defendant's party in civil and criminal cases as stated in the attached list related to the defendant's property.

(hereinafter “Costs of Litigation in this case”). [Grounds for recognition] The fact that there is no dispute, Gap evidence 1-1 and 2, and the purport of the whole pleadings.

2. The plaintiff asserts that, at the special meeting of the defendant clan held on March 8, 2009, the defendant agreed to pay the lawsuit costs of this case to the plaintiff by making a resolution that the defendant would pay the lawsuit costs of this case at the defendant's expense. Thus, the defendant is obligated to pay the plaintiff KRW 73,040,000 for the lawsuit costs of this case.

However, it is not sufficient to acknowledge the plaintiff's assertion only by the descriptions of No. 4-1 and No. 5 and the witness C's testimony, and there is no other evidence to acknowledge it.

Rather, comprehensively taking account of the overall purport of the arguments in the statement No. 4-1 and No. 4-1 and No. 1-8, according to the minutes of the special meeting of the defendant clan held on March 8, 2009, "The 33th unit C shall hold a consultation on the trial costs once again by opening a meeting of literature members and executive officers of each region to consult on the agenda."

In other words, it is recognized that there was a resolution that other clans than the plaintiff should bear the costs of the lawsuit related to the clans in the case of this case paid by the plaintiff, but no particular deliberation has been made regarding the costs of the lawsuit of this case paid by the plaintiff, even though there was a resolution that other clans other than the plaintiff will bear the costs of the lawsuit related to the clans on July 5, 2009.

.This fact.

arrow